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11 November 2011 / James Naylor
Issue: 7489 / Categories: Features , Property
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In exile

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James Naylor digs deeper into the events surrounding the Dale Farm evictions

It is relatively rare for judicial interpretation of a planning enforcement notice to become headline news, however, that is exactly what happened in the recent case of Patrick Egan v Basildon Borough Council [2011] EWHC 2416 (QB), [2011] All ER (D) 128 (Sep) or, as it is more popularly known, the Dale Farm travellers’ eviction.

Technicolor history

The matter has a colourful history. The green belt Dale Farm used to be a scrap yard, covered with hardstanding. In 1992, the council served 42 enforcement notices requiring the removal of the hardstanding and unauthorised fencing. On 18 April 1997, the council internally reported that “compliance with the notices was subsequently achieved”.

Then, in 2001, a number of current residents purchased Dale Farm, which, despite the council’s report, mystifyingly remained part-covered by hardstanding.

Between 28 March 2002 and 17 December 2004, the council issued further enforcement notices (the subject of this litigation). The notices required, among other things: removal of the hardcore and

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